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... had been introduced into the law of arbitration, one from New South Wales, the other from Victoria... with the wording of section 34A of the Commercial Arbitration Act 2010, which was proclaimed to comm... 38(5) of the Commercial Arbitration Act 1984 (NSW) and its equivalent in other States, the righ...
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.... Gordian took its claim to arbitration2, praying in aid section 18B(1) of the Insurance Ac... attempted to rely on section 22 of the Commercial Arbitration Act 1984 (NSW), which in turn refers t...
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... that AnimalFeeds uses contains an arbitration clause. AnimalFeeds brought a class action antitru..., which concerned contracts between a commercial lender and its customers that had an arbitration c...v. Gainesville, 729 F. 2d 1046, 1049 (CA6 1984) (internal quotation marks omitted), abrogated on ...
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... duty to give reasons under the uniform Commercial Arbitration Acts with that of a judge (Oil Basins ... in s38 of the Commercial Arbitration Act 1984 (NSW) (the Arbitration Act). . Justice Einstein of...
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In the last twenty years, mandatory binding arbitration has become ubiquitous in consumer contracts. The rise of mandatory binding arbitration represents a deliberate strategy on the part of businesses. The widespread adoption of mandatory binding arbitration in the consumer context has significant negative consequences for consumers and society. However, the Supreme Court's interpretation of the Federal Arbitration Act has, in essence, limited effective policy options for addressing mandatory binding arbitration to federal legislative action. Many consumer advocates have coalesced around the Arbitration Fairness Act, a bill requiring that arbitration in multiple contexts be voluntary, as the best means for addressing mandatory binding arbitration. However, the Arbitration Fairness Act ...
...v. Keating, 465 U.S. 1, 10 (1984) ("In enacting § 2 of the federal Act, Congress d... intended to apply to disputes between commercial entities of generally similar sophistication and b...
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... during the negotiation of the broader commercial agreement allows the parties to design their own b... ADR includes such ADR processes as arbitration and expert determination, and can be controlled by... such as the Commercial Arbitration Act 1984 (NSW). . In this article we look briefly at non-bi...
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... that requires them to submit to class arbitration. They contend that the district court, not the arb... Association (“AAA”) under its Commercial Rules. The award rendered by the arbitrator m...); Complaint of Hornbeck Offshore (1984) Corp., 981 F.2d 752, 755 (5th Cir. 1993) (explain...
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...'s key attributes of providing a commercial resolution in an efficient and timely manner, by n... section 38 of the Commercial Arbitration Act 1984 (NSW) (which has counterparts in each state) the g...
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... of Payments Act (NSW) 1999, the Commercial Arbitration Act (1984) and the Retail Leases Act (...
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Key points . The uniform Commercial Arbitration Acts in NSW and Victoria require that ... 29(1) of the Commercial Arbitration Act 1984 (Vic) (BHP Billiton Ltd v Oil Basins Ltd [2006] VS...